This article analyses the meaning of force majeure, evaluates whether COVID-19 is a force majeure event, and examines its effect on the inquiry process under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act & Rules, 2013 (POSH Law).
Force Majeure is defined as an event that can neither be anticipated nor controlled like natural disasters, war, act of terrorism, medical epidemics etc. Such events are usually unforeseen or beyond the control of the party to a contract, thus permitting them to not fulfil the obligations duly laid in the contract.